Interesting case being heard by the SC.
This from a George Will article, here: http://jewishworldreview.com/cols/will042609.php3

In 2003, the city of New Haven gave firefighter promotion exams — prepared by a firm specializing in employment tests, and approved, as federal law requires, by independent experts — to 118 candidates, 27 of them black. None of the blacks did well enough to qualify for the 15 immediately available promotions. After a rabble-rousing minister with close ties to the mayor disrupted meetings and warned of dire political consequences if the city promoted persons from the list generated by the exams, the city said: No one will be promoted.

Frank Ricci was one of the white firefighters who was denied promotion.
Will says:

The city called this a "race-neutral" outcome because no group was disadvantaged more than any other. So, New Haven's idea of equal treatment is to equally deny promotions to those who did not earn them and those, including Ricci, who did.

Ricci may be the rock upon which America's racial spoils system finally founders. He prepared for the 2003 exams by quitting his second job, buying the more than $1,000 worth of books the city recommended, paying to have them read onto audiotapes (he is dyslexic), taking practice tests and submitting to practice interviews. His studying — sometimes 13 hours a day — earned him the sixth-highest score on the exam. He and others denied promotions sued, charging violations of the 1964 Civil Rights Act and the Constitution's guarantee of equal protection of the law.

Hopefully the court will decide the obvious here. These clumsy attempts to manage outcomes racially need to finally fade away.